FHS building project moving to design phase

The Franklin High School renovation project is advancing and the project’s scope is expected to be presented to the community in 12 to 18 months. School Committee member Ed Cafasso, a member of the FHS building committee, provides this update:

Last week, following approval by the Finance Committee, the Town Council voted unanimously to authorize a $1 million bond for the next phase of the FHS renovation. This funding allows Franklin to hire an Owners Project Manager (OPM) and an Architect to bring the project to the schematic design phase. Under the rules of Massachusetts School Building Authority (SBA), if the Town commits to financing the full cost of this phase, the SBA will refund an estimated 30 – 45%.

The Milford Daily News covered the issue when it came before the Finance Committee (http://tinyurl.com/yz28vqq) and Town Council (http://tinyurl.com/ykboc39). The newspaper stories said the funding would go to “a study.”

That description is off the mark. The bonding authorized this week will result in actual schematic diagrams of the likely renovations, showing the components of the project and its scale. These diagrams will be prepared by a professional architect in close collaboration with an experienced project manager and with members of the Building Committee.

This phase of the project is NOT the same as the study completed in October 2006 by the firm Kaestle Boos, which looked at FHS at the request of the School Committee. It provided a general look of the building’s condition and a “blue sky” assessment of what might be done, ranging from minimal fixes to the construction of a completely new building. You can view the 2006 report by clicking here, and additional information, including the video of the presentation to the School Committee, by clicking here.

The funding authorized this past week allows Franklin to move forward to hire the professional project manager and architect  who will produce the formal schematic designs for renovation work. Every step occurs under the formal supervision of the SBA and the local Building Committee. The design options will be based on the specific renovation ideas that were part of the Town’s application for SBA funding. Those renovation ideas arose from a tour of the FHS building in December 2008 by professional SBA inspection team and subsequent discussions between members of the Building Committee and SBA officials.

The hiring of an Owner’s Project Manager is required by the SBA and by state law. The OPM should be in place by December or January and the Architect should be on board by March or April. Once schematic design is complete, and there is an agreement with all parties involved, including the SBA, a debt exclusion will be required to move toward construction.

Approximately 12 to 18 months from now, Franklin voters will have a very clear picture of the renovation project – the precise work involved, the cost and the timing – and will be asked to vote on whether the town should borrow the amount needed to pay for it over time. If voters approve the debt exclusion, a substantial portion of the total cost (a minimum of 31 percent) will be reimbursed by the state.

Keep in mind that the exact timing of every step in this process is controlled largely by the SBA, which holds tight supervision over all projects they are likely are to subsidize. Information on the general SBA process is available by clicking here.

You can learn more about the FHS project on this Tuesday night (Oct. 13) when Tom Mercer, chairman of the School Building Committee, discusses this phase of work the School Committee at a meeting that begins at 7 pm the Municipal Building. Middle school parents may wish to tune in or attend.

Panther Pride night at FHS coming up

In a few days, parents of 8th grade students will receive a formal invitation in the mail to attend this year’s Panther Pride Night at Franklin High School on Wednesday, October 21, 2009. This is going to be an informative and exciting opportunity for parents and students to explore the scope and quality of the engaging educational and extracurricular programs and facilities that FHS offers to students. All 8th grade parents and students are invited to attend this informative event that will include multimedia presentations, walking tours, information about our graduates. The evening will also highlight the opportunities for learning, sports, clubs, and activities.

Join the FHS team on Oct. 21st in the Field House where Principal Peter Light will kick-off the evening’s activities, followed by an informational video about the opportunities and experiences that are available to incoming freshmen. After the video, parents and students will be escorted in small groups through the high school where they will have the opportunity to obtain more information about our academic programs and facilities, explore the newly organized Technology Center, sample the new Fitness Center, and view classroom resources at various stops throughout the school. A visit to the Art Gallery and DECA Store are also on the planned tour route. In addition, faculty, administrators, and students will be available in the Field House to provide more information and to answer any questions that you may have about the FHS community.

To allow sufficient time for all parents and students to participate in the Panther Pride experience, there will be two sessions offered based on a student’s last name. The first session will start at 5:30pm (for students with last names beginning with the letters A-K), and the second session will begin at 6:30pm (for students with last names L-Z). If you are an 8th grade parent or student, this year’s Panther Pride night is an event that is not to be missed. So mark your calendar now for Wednesday, October 21st.

Testing the limits of pledging allegiance

Pledging allegiance to the flag may seem like a simple act, but it is not immune from controversy or constitutional inquiry. The limits on school systems have been tested over the years, and there have been some recent court decisions on the issue.

Before looking at the decisions, it is important to note that the Pledge of Allegiance, as a ceremonial activity, promotes both civic awareness and patriotism. The Pledge represents an opportunity to reflect on the fact that, although we are a diverse people, we share a national identity as citizens who are committed to the promise of liberty and justice for all. With that being said, we need to be cognizant of the rights of those who may not wish to participate in this ceremony.

A federal district court in New Hampshire has ruled that the state’s statute requiring the recitation of the Pledge of Allegiance in schools does not violate the U.S. Constitution’s Establishment or Free Exercise of Religion Clauses. You can view the full decision by clicking here. It also rejected claims that the state’s pledge law violated the Fourteenth Amendment’s Due Process and Equal Protection Clauses. In addition, it summarily dismissed the claim that the pledge law was void as against public policy on the ground of failure to state a claim upon which relief could be granted. Lastly, the district court dismissed all state law claims without prejudice, allowing them to be refiled in state court.

In that case, the parents of three public school students objected to their children being subjected to recitation of the Pledge of Allegiance in school. Specifically, the parents, who identify themselves and their children as atheist or agnostic, contended the pledge offended their and their children’s rights under the First Amendment of the U.S. Constitution’s Establishment and Free Exercise of Religion Clauses because of the inclusion of the phrase “under God” in the pledge. They also raised Fourteenth Amendment due process and equal protection claims, along with the claim that the pledge law was void as against public policy. In the aftermath of September 11 attacks, the state legislature passed the New Hampshire Patriot Act, which provided for the daily recitation of the pledge in the state’s schools. The statute made student participation voluntary by providing an opt-out clause. While conceding that the children were not compelled to recite the pledge, the parents sought assurances from the principals at their children’s schools that the pledge would not be recited in their children’s classes. However, no such assurances were given.

After briefly discussing the various approaches federal courts have taken to addressing the constitutionality of recitation of the pledge in school, the district court applied the three-prong Establishment Clause test set forth in Lemon v. Kurtzman, 403 U.S. 602 (1971). Regarding the secular purpose prong, it concluded that both the express purpose of the New Hampshire statute (continuing “the policy of teaching [the] country’s history to the elementary and secondary pupils of [the] state”) and the legislative history of the statute demonstrated a secular purpose. It pointed out that the record of the legislative discussions made clear that the law was enacted for patriotic, not religious, reasons. It also noted that the fact that when the pledge recitation law was revised by the legislature it was separated from the provision allowing recitation of the “Lord’s prayer” in schools, further supported the view the law had a secular purpose. Turning to the primary effect prong, the district court stressed that the government may not coerce an individual to support or participate in religion or its exercise. However, it found no coercive effect was present under New Hampshire’s law.

In 2008, The U.S. Court of Appeals for the Eleventh Circuit (AL, FL, GA) in Frazier v. Winn struck down a Florida state law that it found requires all students to stand at attention during the Pledge of Allegiance, even those excused from reciting the Pledge. However, the court upheld the law’s requirement that a student obtain parental permission to be excused from participating. You can view the Frazier decision by clicking here.

For a look at more cases under the religion clause of the first amendment, click here.